Fayette couple sues cribmaker over son's death

By Cara Bailey | Jul 23, 2008

CHARLESTON - A Fayette County family filed a suit against a children's furniture manufacturer after their son died in a crib that was allegedly made with defective parts.

CHARLESTON - A Fayette County family filed a suit against a children's furniture manufacturer after their son died in a crib that was allegedly made with defective parts.

Jessica and Eric Pack filed the suit June 12 in Kanawha Circuit Court, against Stork Craft Manufacturing. The Pack's filed the suit on behalf of their late son, Carter Michael Pack.

According to the suit, in May 2006, Jessica Pack bought a Storkling crib, designed, manufactured, and sold by Stork Craft. On July 5, 2006, Carter Michael Pack was born.

The suit says Jessica Pack noticed wood screws on the crib's railing had loosened on Jan. 16, 2007. They were tightened by Eric Pack.

Later that day, Jessica fed her son and put him down for a nap at approximately 2:55 p.m. About an hour later, she found Carter Michael with this face pressed against the crib's mattress, between the railing and the crib itself. He was not breathing, the suit says.

The suit says the Packs immediately removed the baby from his crib, called 911 and began CPR. Carter Michael Pack was taken to Summersville Memorial Hospital where he was pronounced dead at 4:55 p.m.

"The immediate cause of death as determined by the State of West Virginia was asphyxia as a direct result of entrapment between the rail and mattress of the defective crib," the suit says.

According to the suit, Stork Craft put the crib on the market using screws in violation of safety regulations promulgated by the United States Consumer Product Safety Commission.

In the five-count suit, the Packs claim they suffered sorrow, mental anguish, solace to include society, companionship, comfort, guidance in the kindly offices and advice of the decedent, loss of income of the decedent, services, protection, care and assistance provided by the decedent, and funeral expenses.

They seek compensatory and punitive damages.

Attorney Harry F. Bell Jr. is representing the Packs. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 08-C-1149

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